A version of this questionnaire was first published for the June 2024 primary. Candidates were given the option to update their responses and answer additional questions. This post has not been updated.
Michael Dougherty (incumbent)
michaelforboulderda.com
Relevant experience
District Attorney, 20th Judicial District (2018-present)
Adjunct professor, CU Boulder
Sentencing Reform Task Force for Colorado
Colorado School Safety Resource Center Advisory Board
Colorado Attorney General’s Office (2010-2018)
Colorado DNA Justice Review Project (2010)
Manhattan District Attorney’s Office (12 years)
I attended Nassau Community College and went on to graduate from Cornell University. I attended Boston University School of Law. After law school, I served for twelve years as a prosecutor at the Manhattan District Attorney’s Office. I started in the Trial Division and quickly rose to supervisory positions, including Deputy Chief of the Sex Crimes Unit. Later, I was promoted to the Executive Staff and became responsible for assisting with the management, budget, and personnel of the District Attorney’s Office, while continuing to prosecute serious cases. In 2010, I moved to Boulder to head up the Colorado DNA Justice Review Project, an effort that helped lead to the exoneration of an innocent man wrongly convicted of murder. Just months after arriving in Boulder, I was promoted to serve as the head of the Criminal Justice Section for the Attorney General. In 2013, I became the second-in-command for the District Attorney’s Office for Jefferson and Gilpin Counties.
I have served on numerous groups leading to significant criminal justice improvements. Notably, I received the Innocence Project’s Award for Advocate for Innocence and Justice. Additionally, I helped establish problem-solving courts and diversion programs. As Co-Chair of Colorado’s Sentencing Reform Task Force, I helped to lead major reforms to the sentencing structure — including on misdemeanor sentencing ranges and more certainty in sentencing in our jails.
Priorities
- Reducing gun violence
- Further expand restorative justice and diversion programs
- Develop family justice center for victim services, consolidating resources for victims of domestic violence, sexual assault, human trafficking and child abuse
I am committed to developing a community-focused Family Justice Center to better serve victim families. It will be a “one-stop shop” for victim services through the consolidation of resources for victims of domestic violence, sexual assault, human trafficking and child abuse. Domestic violence cases are a significant percentage of cases filed in Boulder County. Domestic violence fatalities in Colorado reached an all-time high in 2022. The Family Justice Center Model is considered the best practice in addressing the needs of survivors and their families. For example, there has been a 90% reduction in the domestic violence homicide rate in San Diego, where the first family justice center was created.
Reducing gun violence will remain a priority. We vigorously prosecute cases involving gun violence, fight for sensible legislative reforms, and engage in efforts to increase gun safety – including passing out free gun safes and trigger locks. Safe gun storage reduces gun violence because many shootings are committed with stolen guns.
I plan to further expand our incredibly successful Restorative Justice & Diversion Programs. With a 92% success rate, our staff is positively impacting lives and community safety while meeting the needs of victims. We now divert more juvenile cases out of the justice system than we prosecute.
Lightning round
Please answer yes or no only. We will not print extended or explanatory answers
After a legal settlement with pharmaceutical companies over the opioid crisis, Boulder County spent around ~5% of its funds on controversial phone-hacking tools. Do you support the use of opioid settlement funds to purchase investigative tools for local law enforcement? Yes
Do you support the elimination of cash bail? Yes
What are you most proud of from your most recent term?
- Successful prosecution of homicides, sex assaults and gun violence cases
- Domestic violence acute response team
- Expansion of restorative justice and diversion programs
What would you say are the top issues facing Boulder County, from a criminal justice perspective, and what are your plans to address them?
As I noted above, reducing gun violence is a priority for our office. We are making progress through our successful prosecution of cases, work with the legislature and safe gun storage programs. We will continue to push hard in each one of these areas.
With our Sex Crimes Unit, we developed a new program to identify at-risk teens, provide more support for victims and secure better results. Using a grant award, I hired a human trafficking investigator. Since then, we uncovered crime rings preying on vulnerable young people. The success of our program demonstrated that our anti-trafficking needs surpass one dedicated Investigator. I plan to expand these efforts to include another investigator, victim advocate and translator to better serve victims and enhance the prosecution of cases.
Boulder County suffered 38 fentanyl deaths last year. Fentanyl is a leading cause of death for young people in this country. More than 70,000 Americans died just last year due to fentanyl poisoning. We will continue to hold dealers responsible, work to raise community awareness, and advocate for more substance abuse treatment. Our office worked closely with law enforcement to develop a model response protocol for every drug-related death, which is now being used in other parts of the state. Statewide, we need to do far more to prevent deaths and provide treatment for those struggling with addiction. Colorado ranks in the bottom ten nationwide in the accessibility of substance abuse treatment in the community. And those treatment gaps are a major contributing factor in hundreds and hundreds of criminal cases every year. I will continue to fight for more substance abuse treatment in the community. We have developed successful programs in the courthouse and the jail, but we cannot wait for an arrest to provide treatment.
What role, if any, should the criminal justice system play in our regional homelessness crisis? Do you believe municipal laws against unsheltered living (camping bans) and other crimes of poverty are an effective tool in combating homelessness and its effects on the public?
The criminal justice system plays a role, but it is not possible to jail our way out of the nationwide homelessness crisis. If incarceration alone was the solution, our country would have solved it long ago.
Municipal laws are handled by each city attorney’s office. The district attorney’s office does not have jurisdiction over municipal ordinances, such as any camping ban. The DA’s office prosecutes violations of state law. Municipal laws will not solve homelessness and its impacts — especially given the crowding at the jail and the extremely short jail stays allowed for municipal violations.
Every year, the DA’s office handles serious cases committed by people experiencing homelessness. The sad reality is that the victims are, often, unhoused themselves. Two of the trials I handled personally in 2023 involved defendants and victims who were experiencing homelessness. One was a murder and the other was an attempted murder. Each defendant was convicted at trial and will remain in state prison for many years.
I would highlight one other case as an example. An individual was in possession of a stolen bike and, when confronted by the owner, punched her in the face and broke her nose. Our office secured a lengthy sentence to state prison, which was appropriate given the conduct and criminal history. More can and must be done to prevent these offenses.
The goal is to ensure consequences for criminal conduct at every level, but to also increase service coordination and shelter capacity, work to address behavioral health needs, and strengthen re-entry programs that assist incarcerated individuals who return to the community. Poverty and housing are significant challenges. There are no easy answers to solve homelessness or remove the drivers of crime. There is a glaring need for mental health and treatment services throughout Colorado, and a glaring gap in the services available.
What, if any, are some unintended consequences of recent criminal justice reforms at the state level? Which, if any, of those reforms would you like to see rolled back or amended (and in what ways)?
Colorado led the nation in motor vehicle thefts. Strengthening the auto theft statute is one step that Colorado recently took to address this problem. Previously, under the law, the sentencing range in a prosecution for auto theft was based upon the value of the stolen car. As a result, individuals who stole a less expensive car had their cases treated differently under the law. As a matter of fundamental fairness and equity, including for victims, the law had to be changed. The Sentencing Reform Task Force, of which I served as co-chair, developed a proposal to strengthen the auto theft statute. Amending that statute has been a positive change.
In 2019, Colorado reduced low-level drug possession from a felony to a misdemeanor, the rationale being that a person struggling with addiction should not suffer the life-altering consequences of a felony conviction because drugs are a public health crisis. I agree — except the cure to a public health crisis is not simply a reduction in criminal consequences. That’s why I strongly supported and advocated for House Bill 22-1326, Fentanyl Accountability and Prevention. It created a new offense to prosecute dealers who cause a death, but this bill (finally) provided substantial funding ($37 million dollars) for treatment. This bill represented an important, direct step in the right direction. It has allowed our office to hold distributors more accountable for preying on others’ addictions and to hold fully responsible those individuals that cause tragic deaths. Additionally, the law created an ODMAP for immediate notifications of overdose clusters to warn community members of the danger. Also, the people of Colorado are now being provided significant support and drug treatment, which is long overdue. I supported this comprehensive approach to help our communities and I wish it had been more of a focus in 2019.
What role, if any, should the criminal justice system play in addressing the regional opioid crisis? Do you believe the criminal justice system is an effective way of addressing substance abuse disorders?
The criminal justice system plays a key role, for all the reasons I described above. Also, through our DA Drug Diversion Program and Treatment Court, the criminal justice system has been effective in addressing substance abuse disorders.
In light of how many deaths we are seeing every year, law enforcement should have the funding and tools to investigate drug-related deaths. The sale of fentanyl and fentanyl-laced pills has had a staggering impact on victims, their families, and the community. Law enforcement should have the tools and resources to investigate these tragic deaths and, importantly, to prevent others.
As I explained above, though, Colorado must increase the amount of treatment available in the community. We should not wait for the justice system to get involved.
We need more re-entry programs for incarcerated individuals returning to our communities. We have cases where people are released from the jail or a state prison and they are dropped off at the Boulder Homeless Shelter — without the support or resources needed to navigate their return. Not surprisingly, these offenders often resume patterns that lead to additional contact with the criminal justice system.
Also, since the justice system will not be the only solution to this complex problem, we work very closely with community partners to raise awareness, develop more services, and provide support. This type of collaboration is essential to improving our overall response to the opioid crisis.
The Boulder County jail (along with other facilities) have repeatedly said a majority of inmates are suffering from unmanaged mental health. Do you think it is a worthy goal to reduce the number of mentally ill people being incarcerated? What tools at your disposal will you use to alleviate the use of the carceral system by people needing mental health treatment?
The path to safer and better communities in Colorado requires drastic improvements in the treatment of those with significant mental health disorders. We must continue working to reduce the number of mentally people being incarcerated. I am strongly committed to continuing to work on this problem.
Compared to other states, Colorado provides woefully inadequate behavioral health treatment for people in need. That unfortunate reality is reflected in many cases in our criminal justice system and jails.
Criminal cases throughout Colorado are inexorably stalled because the state hospital is unable to provide timely competency evaluations of defendants who appear to be incompetent to participate in their own defense. There are over 350 individuals languishing in our county jails who are awaiting transport, treatment and competency evaluations. These individuals often deteriorate without timely and appropriate care, while victims grow frustrated with the delays. For many jurisdictions, including Boulder County, jails have become their largest mental health facility — an unacceptable reality.
The competency backlog at the state hospital is such a problem that, in 2019, a federal court ordered annual fines if the facility fails to meet required standards. The taxpayers of Colorado have been paying these fines ever since at a mind-boggling cost of $10 to $12 million dollars per year. I have fought for change and will continue to do so. With work now underway to improve that system, I am optimistic that the jail will house fewer individuals who should be at the state hospital.
At the local level, we will continue working to develop programs to address shortfalls in services, such as, creating a competency court, the Alternative Sentencing Facility and our DA Mental Health Diversion Program. These programs result in long-term savings, better treatment for the mentally ill, and less crime.
What role does the DA play in ensuring accountability of law enforcement, both in the case of misconduct and more broadly? What are the tools at your disposal to increase accountability? Are there additional tools you’d like to be made available? If so, what are they?
The district attorney plays a key role in ensuring accountability of law enforcement, both in cases of misconduct and more broadly. When a law enforcement officer is suspected of a crime, there must be an immediate response, thorough investigation, and timely decision based on the facts and evidence. As in every case, the mission of the district attorney’s office is to seek justice, without fear or favor.
Our office has engaged in numerous efforts in this area. I will provide two case examples. One is our office’s charging and prosecution of two former sheriff’s deputies for their role in a young man’s death. But for their reckless actions, Demetrius Shankling would be alive today. Both deputies were found guilty at trial and sentenced to state prison.
When this incident occurred, the sheriff had immediately requested the Critical Incident Team, which conducts objective investigations into officer-involved incidents. That team’s work helped us to secure the right and just outcome.
Similarly, the DA’s office prosecuted a sergeant for using a taser on the leg of a restrained person in his custody. I handled that trial and the jury found him guilty of all charges. Again, the sheriff took immediate action in response to this incident.
The Critical Incident Team also plays a key role. With the help of the police chiefs and sheriff, this team has developed a model approach, including a broader protocol than required by law and Community Town Halls after any officer-involved incident.
In addition to the review and prosecution of criminal conduct, we maintain strong communication with law enforcement. We provide trainings on a regular basis. There are outstanding women and men in law enforcement in Boulder County; I appreciate the leaders of these agencies.
One tool needed is more staff and/or technology to review body-worn camera video.
How does JEDI factor into your decision making?
Justice, equity, diversity and inclusion are essential to our justice system.
Racial disparities exist throughout the United States, and in our nation’s history; our office is strongly committed to doing everything we can to address it in our justice system.
Addressing racial disparities in the justice system has been a priority for me since being elected as district attorney. My office became one of the first in Colorado to address this issue head-on. That work will continue.
We recently completed another groundbreaking step in our continued commitment to improving the justice system and addressing inequities. We released an updated, in-depth data analysis capturing disparities and disproportionality, or lack thereof, of prosecutorial decisions in the DA’s office and the justice system.
The recent disparity study shows positive trends of low disparity. While disproportionality exists in terms of who is referred by law enforcement to the DA’s office, once cases hit our office, they are largely treated similarly. The disparity study can be accessed on our public data dashboard: data.dacolorado.org/20th. The quality of the data will improve as more of the 22 judicial districts in Colorado join the dashboard project.
We have taken action steps, including:
- Trainings on systemic drivers of disproportionality and disparities and how our prosecutors actively considers these when exercising discretion.
- Increased adult diversion screening of cases, improved case screening processes and better capture of diversion data.
- Development of public data dashboards, Community Town Halls and collaboration with like-minded District Attorneys.
Our staff is working hard to build a more transparent and equitable justice system for victims, the accused, and our community. The data continues to inform the concrete action steps already underway, along with our ongoing collaboration with other criminal justice partners.
We use this data to inform our work as prosecutors, improve public safety and correct systemic inequities.
What efforts do you make in your daily life to consider and understand people with different lived experiences from your own?
I am honored to serve as district attorney and work as hard as possible to meet the needs of this great community, while seeking to build more trust in the justice system. That is why I put such a premium on community outreach. I and my team are in the community as much as possible, providing information, answering questions, and fostering stronger relationships with those we serve. Through my daily work and community outreach, I am engaging people with different lived experiences. I am in the community several nights a week and on most weekends throughout the year, engaging and listening to people throughout Boulder County.
Within the office, I put a premium on communication and open discussions so that I can make better decisions and not rely solely on my own experience or view. In 2023, staff initiatives led to several important accomplishments: the exoneration of a wrongful conviction — thanks to our Conviction Integrity Unit — an enhanced childcare leave package for all employees and awards for our Data Dashboard and our Human Trafficking work. Each one of these was the direct result of our supervisors and staff being heard and driving change.
Our office is committed to ensuring that the justice system is fair and equal for all, and this commitment expands across all aspects, roles and staffing decisions of our Office. I strive to create an inclusive environment. A wide range of experience and perspective enhances the practice of our office.
Finally, I am involved in working groups with defense attorneys, advocates and colleagues around the nation. Through this work, I am frequently exposed to and learn from people with different lived experiences.
When’s the last time you changed your mind about something, and what was it?
I am committed to doing justice, enhancing community safety, supporting crime victims and improving the justice system. Although my job often requires me to be decisive, I strive to be open-minded and willing to correct course when necessary. I have a great leadership team and staff; they often discuss and debate important issues with me. Being a good prosecutor and leader requires humility. With humility comes the willingness to change one’s mind when appropriate. I could certainly give many examples.
Most recently, I changed my mind about expanding our diversion programs. I thought it would be a mistake to do so, due to staffing limitations and the nature of the cases. Over time, though, staff convinced me that it was the right thing to do, and we are now moving forward with the expansion. Stay tuned for an exciting announcement from a DA’s office located near you.
For this question or any others, I encourage community members to reach out to me, at [email protected] or 303-441-3700.